Amendment

AMENDMENT NO. 1
MAINTENANCE, REPAIR & MINOR CONSTRUCTION WORK
(Town of Fountain Hills Contract No. 2019-006U1, Contract No. C20-1099)

‘This Amendment No. 1 (“Amendment”) to the Maintenance, Repair & Minor Construction
Work (“Agreement”) is made this day of , 20 , (“Effective Date”),
by and between the City of Glendale, an Arizona municipal corporation (“City”) and Utility
Construction Company, Inc., an Arizona corporation authorized to do business in Arizona
(“Contractor”).

RECITALS

A. City and Utility Construction Company, Inc. (“Contractor”) previously entered into
Linking Agreement, Contract No. C20-1099, dated December 8, 2020
(“Agreement”); and

B. The original ‘Town of Fountain Hills Contract, Contract No. 2019-006U1, had an
initial term beginning March 19, 2019 through March 19, 2020, with the option to
extend an additional three (3) in one-yeat increments; and

C. On April 20, 2021, City and Contractor previously entered into Contract Extension
No. 1, extending the term of the Agreement from March 19, 2021 through March
18, 2022; and

D.. City and Contractor wish to modify and amend the Agreement subject to and strictly

in accordance with the terms of this Amendment.
AGREEMENT
In consideration of the mutual promises set forth herein and other good and valuable

consideration, the receipt and sufficiency of which are hereby acknowledged, the City and
Contractor hereby agree as follows:

1. Recitals. The recitals set forth above are not merely recitals, but form an integral
part of this Amendment.
2. Term. The term of the Agreement is unchanged.

3. Scope of Work. The Scope of Work is unchanged.

4. Compensation. The Compensation is being increased from an amount not-to-
exceed $2,000,000 to $7,000,000 for the entire term of the agreement.

5. Insurance Certificate. Current certificate will expire on July 1, 2022, A new

certificate applying to the extended term must be provided prior to this date to
Materials Management and the Contract Administrator.

4/29/2021

Non-discrimination. Contractor must not discriminate against any employee or
applicant for employment on the basis of race, color, religion, sex, national origin,
age, marital status, sexual orientation, gender identity or expression, genetic
characteristics, familial status, U.S. military veteran status or any disability.
Contractor will require any Sub-contractor to be bound to the same requirements as
stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.

No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are
applicable, the parties hereby certify that they ate not currently engaged in, and agree
for the duration of the Agreement to not engage in, a boycott of goods or services
from Israel, as that term is defined in A.R.S § 35-393.

Attestation of PCI Compliance. When applicable, the Contractor will provide the
City annually with a Payment Card Industry Data Security Standard (PCI DSS)
attestation of compliance certificate signed by an officer of Contractor with oversight
responsibility.

Ratification of Agreement. City and Contractor hereby agree that except as
expressly provided herein, the provisions of the Agreement shall be, and remain in
full force and effect and that if any provision of this Amendment conflicts with the
Agreement, then the provisions of this Amendment shall prevail.

[Signatures on the following page.]

4/29/2021

CITY OF GLENDALE, an Arizona
municipal corporation

Kevin R. Phelps, City Manager

ATTEST:

Julie K. Bower, City Clerk (SEAL)

APPROVED AS TO FORM:

Michael D. Bailey, City Attorney

Utility Construction Company, Inc.,
an Arizona corporation

Luli

By: Suzette Nickum J

Its: President

4/29/2021